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2022 Supreme(Bom) 497

SUNIL B. SHUKRE, AMIT BORKAR
Divya T. A. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Bernardo Reis, i/b Priyanka Pandit
For the Respondent: Mr. Kedar Dighe, AGP, Mr. Susheel Mahadeshwar, i/b Ranjana Todankar, Ms. Kavita Anchan, with Arsh Misra, i/b M.V. Kini

JUDGMENT :

Amit Borkar, J.

1. By this petition under Article 226 of the Constitution of India, a Associate Professor working with Respondent No. 2 – Sardar Patel College of Engineering (“College”) seeks a writ of mandamus commanding the Respondent No.2 to recall its decision refusing to grant consent for deputation of the Petitioner with Respondent No. 3 and relieve the Petitioner to pursue full-time PhD programme under Quality Improvement Programme (“QIP”) as per Government Resolutions dated 20th November 1996 and 28th October 1998 issued by Respondent No. 1.

2. The Petitioner is an Associate Professor in Physics at the Autonomous College administered by Respondent No. 2, affiliated to the University of Mumbai. In pursuance of the Quality Improvement Programme floated by Respondent No. 1 by Government Resolution dated 20th November 1996, the Petitioner on 18th July 2019 applied to Respondent No. 2 for No-Objection to allow the Petitioner to apply for PhD programme under QIP for the year 2020. Respondent No. 2 on 18th July 2019 granted No-Objection to Petitioner.

3. By Government Resolution dated 24th February 2021, Respondent No. 1 revised guidelines about permitting Teachers to pu

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